The Minister for Health Mr Micheál Martin agreed today to release confidential State documents to assist legal representatives of the Irish Haemophilia Society (IHS).
In a statement the Minister said he had decided to waive legal privilege in respect of documents relating to the 1991 HIV settlement in the Department's Affidavit of Discovery.
However he added that there are a small number of documents over which he does not have the power to waive privilege.
Representatives for the IHS had met today with the Minister in an effort to get documents including information concerning a settlement reached between the State and 100 haemophiliacs infected with HIV from blood products.
Last week Tribunal chairperson Judge Alison Lindsay ruled various state agencies could declare privilege over certain documents. Legal representatives of the IHS have been trying to gain access to all relevant key state files whether confidential or not.
In drafting the original terms of reference to set up the Lindsay tribunal, the Minister for Health said the State and all State agencies shall give their full co-operation and all documents and information requested.
Counsel for the IHS, seeking disclosure today of all relevant documents, argued that Judge Lindsay's ruling went against the purpose of setting up the tribunal in the first place.
The IHS felt confidential documents should be examined with a view to establishing if the State responded adequately to infected persons when it entered into the HIV recompense scheme in 1991.
Counsel for the IHS is trying to find out whether 10 years ago the Department of Health was aware that a number of haemophiliacs in Ireland could have been infected by Irish blood products rather than by imported blood products.
The IHS and its legal team believe seven Irish haemohpilia sufferers, five of whom are now dead, may have been given contaminated products made in Ireland by the Irish Blood Transfusion Service - then known as the Blood Transfusion Service Board.
They further believe that if the seven haemophiliacs who received BTSB products had been aware in 1991 that their infection came about in this way, they may have won substantially more compensation than they actually received.